Stanford Legal
Stanford Legal
Stanford Law School
Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stories that affect us all every day. Pam Karlan studies and teaches a range of constitutional law-related courses with a special focus on what is known as the “law of democracy,”—the law that regulates voting, elections, and the political process. She served as a commissioner on the California Fair Political Practices Commission, an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund, and (twice) as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice. She also co-directs the Stanford Supreme Court Litigation Clinic, which represents real clients before the highest court in the country, working on important cases including representing Edith Windsor in the landmark case striking down the federal Defense of Marriage Act and Donald Zarda in a case where the Supreme Court held that Title VII of the Civil Rights Act of 1964 protects LGBT individuals against discrimination in employment. She has argued before the Court ten times. And Rich Ford’s teaching and writing look at the relationship between law and equality, cities and urban development, popular culture and everyday life. He teaches local government law, employment discrimination, and the often-misunderstood critical race theory. He studied with and advised governments around the world on questions of equality law, lectured at places like the Sorbonne in Paris on the relationship of law and popular culture, served as a commissioner for the San Francisco Housing Commission, and worked with cities on how to manage neighborhood change and volatile real estate markets. He writes about law and popular culture for lawyers, academics, and popular audiences. His latest book is Dress Codes: How the Laws of Fashion Made History, a legal history of the rules and laws that influence what we wear. Law matters. We hope you’ll listen to new episodes that will drop on Thursdays every two weeks. To learn more, go to https://law.stanford.edu/stanford-legal-podcast/.
Countering Contemporary Criticism of America's Founding Principles
Peter Berkowitz, Tad and Dianne Taube Senior Fellow at the Hoover Institution and former Director of Policy Planning at the U.S. Department of State, argues the Declaration’s principles remain essential despite rising left- and right-wing critiques. Stephen Haber, Stanford Professor of Political Science, History, and Economics, contends universities’ governance and leadership pipelines—not just faculty—are driving the drift away from civic-focused liberal education.
Aug 4
1 hr 4 min
The Declaration In the Age of General Purpose AI
Alexander Tsesis argues the Declaration’s natural-rights logic limits First Amendment protection to conscious human beings, not AI systems. Anne Twitty adds historical nuance and asks whether abolitionists’ strong commitment to the public’s “right to hear” could inadvertently support a listener-centered case for protecting AI outputs. Tsesis replies that listener rights matter, but the First Amendment’s core remains human, speaker-centered expression.
Jul 28
1 hr 7 min
The Iran War and the Limits of Presidential Power
Stanford’s Allen Weiner examines how the U.S. war with Iran raises questions about the president’s power to wage war and negotiate peace.
Jul 23
28 min
Is the Declaration Our Law?
Barnett argues the Declaration of Independence is foundational law that sets government’s purposes and limits, so constitutional interpretation should presume liberty and demand clear authority for restrictions. Volokh agrees the Declaration is crucial but sees it mainly as political argument and inspiration, not binding law, except where anchored in constitutional text like the Ninth Amendment. Their debate turns on whether the Declaration’s first principles can function as legally relevant constraints on government power.
Jul 21
1 hr 4 min
State Constitutions and the Declaration of Independence
Justice Clint Bolick argues the Declaration of Independence is woven directly into state constitutions and can be used to enforce stronger protections for liberty than the federal Constitution. Rich Ford broadens the lens, urging attention to state and local constitutionalism while warning that “natural rights” has historically supported competing visions of government power.
Jul 14
1 hr 4 min
The Structural Declaration of Independence
The episode argues the Declaration is both a statement of rights and a framework for legitimate government. Tino Cuéllar stresses the tension between universal ideals and state power, while Larry Kramer highlights the Declaration’s legal roots and its evolving meaning over time. Together, they show it as both blueprint and battleground.
Jul 7
50 min
Birthright Citizenship and the Future of the Fourteenth Amendment
Stanford’s Fred Smith examines the Supreme Court’s birthright citizenship decision, its historical roots in the Fourteenth Amendment, and the questions the Court leaves unresolved.
Jul 6
33 min
Inside the Supreme Court’s Key 2026 Decisions
Jeff Fisher discusses a term marked by major rulings across executive power, voting, and civil rights, and what they signal about the Court’s trajectory.
Jul 2
36 min
The Declaration of Independence as Obligation
The episode examines the Declaration of Independence’s claim that people may have a duty—not just a right—to overthrow tyrannical government. Martha Minow explores possible foundations for that duty in natural law, religion, international norms, and psychology, while Jenny Martinez emphasizes the Declaration’s mutual pledge as an enduring obligation to fulfill its promises across American history. Together, they highlight the tension between universal ideals and the duties of a particular political community.
Jun 30
43 min
The Case for a Public Share in AI
Jeremy Bearer-Friend and Sarah Polcz discuss their proposal to require leading AI firms to pay taxes in equity, reshaping how the gains from AI are distributed
Jun 25
25 min
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